Statutes of limitations limit the time within which a defendant can be held liable for any type of alleged wrongdoing. Plaintiffs who do not pursue their rights within the limitations period will find the courthouse doors closed…
more
/ Business Organizations, Business Torts, Civil Procedure
Because litigation can be a long and drawn-out process, it is not uncommon for litigants to die during the pendency of a lawsuit. In today’s BLOG article, we address the problems that may arise when a litigant dies. This BLOG…
more
/ Civil Procedure, Finance & Banking, Real Estate - Residential
Today’s BLOG article relates to fraudulent concealment, caveat emptor and justifiable reliance when purchasing real property. As readers of this BLOG know, a “cause of action to recover damages for fraudulent misrepresentation…
more
/ Civil Procedure, Commercial Law & Contracts, Real Estate - Commercial, Real Estate - Residential
Partition is “the act or proceeding by which co-owners of property cause it to be divided into as many shares as there are owners, according to their interests therein, or if that cannot be equitably done, to be sold for the…
more
/ Business Organizations, Civil Procedure, Finance & Banking, Real Estate - Commercial, Real Estate - Residential
This BLOG has frequently addressed issues related to a party’s standing, in many different contexts, to commence litigation. In prior BLOG articles we have explained that in order to prosecute a lawsuit, the plaintiff must have…
more
/ Business Organizations, Civil Procedure, Commercial Law & Contracts
In Seitz v. Marcum LLP, 2024 N.Y. Slip Op. 51141(U) (Sup. Ct., N.Y. County Aug. 30, 2024) (here), Justice Robert R. Reed of the New York County Commercial Division addressed the doctrine of in pari delicto, which “bars a party…
more
/ Bankruptcy, Business Organizations, Civil Procedure, Commercial Law & Contracts, Criminal Law, Business Torts
Discovery (or disclosure) in litigation, which is governed in New York State practice by Article 31 of the CPLR, is the mechanism by which litigants obtain facts and information from other parties and non-parties to support…
more
/ Civil Procedure
In Villaver v. Paglinawan, 2024 N.Y. Slip Op. 04159 (2d Dept. Aug. 7, 2024) (here), the Appellate Division, Second Department reversed the dismissal of a legal malpractice, breach of fiduciary duty, and intentional infliction of…
more
/ Alternative Dispute Resolution (ADR), Civil Procedure, Professional Malpractice
“A third-party beneficiary … is a person or entity that receives benefits from a contract between two other parties, even though they are not a party to the contract.” The concept of a third-party beneficiary stems from the…
more
/ Business Organizations, Civil Procedure, Commercial Law & Contracts
CPLR 3213, which is a procedural device permitting a plaintiff, under certain circumstances, to obtain summary relief at the very beginning of a lawsuit, provides, in pertinent part:
When an action is based upon an…
more
/ Civil Procedure, Commercial Law & Contracts
It is well-settled that leave to amend a pleading is to be freely granted. Leave may be denied, however, if the proposed amendment is palpably insufficient or patently devoid of merit, or if it would cause undue prejudice to a…
more
/ Business Organizations, Civil Procedure, Commercial Law & Contracts
By Jonathan H. Freiberger The Courts of New York will not aid in the enforcement of a contract when the subject matter is illegal. Cases standing for this seemingly unremarkable proposition are varied. For example, in Bonilla…
more
/ Civil Procedure, Commercial Law & Contracts
The Currency and Foreign Transactions Reporting Act, also known as the “BSA,” enacted in 1970, established requirements for record-keeping and reporting by banks and other financial institutions. The BSA is designed to, among…
more
/ Finance & Banking, Securities Law
By Jonathan H. Freiberger Today’s article relates to renewal judgments under CPLR 5014 in the face of potentially defective service of process. This BLOG has previously addressed CPLR 5014..…
more
/ Civil Procedure, Real Estate - Residential
Arbitration is an alternative form of dispute resolution where the parties voluntarily agree that a neutral person will resolve any legal disputes between them, instead of a judge or jury in a court of law. It is encouraged and…
more
/ Alternative Dispute Resolution (ADR), Civil Procedure, Professional Malpractice
